USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals

Effective September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of green cards to 36 months for lawful permanent residents filing Form I-90, Application to Replace Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expiring or expired green card may receive this 36-month extension. USCIS is updating the language on the I-90 receipt notices to extend the validity of the Green Card for 36 months from the expiration date on the face of the Green Card. Amended receipt notices are automatically being created for pending I-90 cases (previously only a 24-month extension was provided). These I-90 receipt notices can be presented with an expired Green Card as evidence of continued lawful permanent residence status. USCIS’ full announcement can be found here.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

USCIS adopts new fee schedule effective April 1, 2024

Updated March 28, 2024

On January 30, 2024, U.S. Citizenship & Immigration Services (USCIS) announced that it had published a final rule to adopt a new filing fee schedule. This is the first new fee schedule issued by USCIS since 2016. In its Frequently Asked Questions page USCIS has posted a New Fee Schedule Table that lists the old and new fees side by side. Changes of interest include:

• A new “asylum program fee” of $600 per I-129 petition and I-140 petition. (Nonprofits and universities are exempt from this fee.)

• An attempt to mitigate higher fees for employers by offering special discounts for small employers; for example, a reduced “asylum program fee” of $300. “Small employer” means those with 25 or fewer full-time equivalent employees.

• A $50 discount for those who choose online filing over paper filing, when online filing is offered. 

• Premium Processing Service timeframes will be counted in business days, not calendar days as before.

• Separate fees are established for Form I-129, Petition for a Nonimmigrant Worker, depending on the nonimmigrant classification sought (i.e. H-1B, TN, E-3, etc.).

• Separate filing fees will be required for Form I-131 (travel document) and Form I-765 (employment authorization) when filed with Form I-485 (adjustment of status), whether or not they are filed together.

The new fees and rules will become effective on April 1, 2024. There are increases in all application and petition types typically filed in employment-related cases, including Form I-129, petition for nonimmigrant worker; Form I-539, application for change or extension of status; Form I-140, petition for immigrant worker; Form I-485, application to register permanent resident status or to adjust status; and Form I-765, application for employment authorization document.

USCIS warns that applications and petitions postmarked or filed on or after April 1, 2024 must include these new fees. If the new fees are not included with such a submission, it will be rejected.

In addition, revised forms will also become effective on April 1, 2024, along with the new fees. USCIS says it will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024, as long as they are accompanied by the new fee. However, there will be no grace period for some forms, including Form I-129 and Form I-140, because they must be revised with a new fee calculation. Filers must be careful to use the correct forms in each case, as well as to include the correct filing fee.

Government processing of immigration applications and petitions is funded by these user fees and not by taxpayer dollars. These filing fee increases, which in some cases are significant, reflect USCIS's calculation of increases in the work associated with case adjudications and avoiding backlogs.

© Jewell Stewart & Pratt PC 2024

Executive Order on AI: Attracting Global Talent to the United States

In a move to strengthen the United States’ position in the global artificial intelligence (AI) landscape, on October 30, 2023, the Biden Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), which sets forth a comprehensive strategy to attract and retain top AI talent from around the world. These initiatives aim to streamline immigration pathways and ensure that the U.S. remains a hub for innovation and technological advancement.

The Executive Order recognizes the importance of attracting and retaining foreign talent in critical and emerging technologies, such as AI. To achieve this goal, the order outlines several key directives to the Department of State (DOS) and the Department of Homeland Security (DHS) related to immigration, including:

1. Streamlined Visa Processing: DOS and DHS are tasked with taking appropriate steps to streamline visa processing times for noncitizens seeking to work, study, or conduct research in AI or other critical and emerging technologies. This includes ensuring timely availability of visa appointments and facilitating continued availability for applicants with expertise in these fields.

2. J-1 Skills List Revision:  DOS is required to consider initiating rulemaking to revise the DOS’s Exchange Visitor Skills List. This would impact the two-year foreign residence requirement.

3. Stateside Visa Renewal Program:  DOS is required to consider implementing a domestic visa renewal program to enable qualified applicants, including highly skilled AI talent, to continue their work in the United States without unnecessary interruption. The program may also be expanded to include academic J-1 research scholars and F-1 students in STEM fields. (Note that a stateside renewal pilot program is already expected to launch in early 2024.)

4. Policy Changes for Extraordinary Ability Applicants and Entrepreneurs:  DHS is directed to review and initiate necessary policy changes to modernize immigration pathways for AI experts. This includes reviewing categories such as O-1A and EB-1 extraordinary ability applicants, EB-2 advanced-degree holders, and startup founders in AI and other critical technologies who may benefit from the International Entrepreneur Rule which has largely been unused.  (The modernization of the H-1B program is also mentioned. See our post on the proposed H-1B rules for more information.)

5. Revision to Schedule A List of Occupations:  The Department of Labor is instructed to publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities. The goal is to identify AI and STEM-related occupations for which there is an insufficient number of qualified U.S. workers, the designation of which which may streamline some permanent residency applications.

Note that many of these proposals would require rulemaking.  Jewell Stewart & Pratt will watch developments related to these directives closely, including the publishing of policy updates or proposed rules, and post updates here as they occur.

 © Jewell Stewart & Pratt PC 2023

Green Cards Extended for Naturalization Applicants

Effective December 12, 2022, USCIS updated its Policy Manual to automatically extend the validity of green cards for Lawful Permanent Residents who have applied for naturalization. Form N-400 receipt notices will include an automatic two-year extension of the green card. The receipt may be used along with the expired green card as proof of lawful permanent resident status. Given long agency processing times, this automatic extension will help applicants avoid a Form I-90 green card renewal filing. The new policy extends to all applicants who file a Form N-400 on or after December 12, 2022.

Relatedly, in September 2022, USCIS announced that applicants filing an I-90 green card renewal would receive a two-year extension printed on the receipt notice, which may be used as proof of lawful permanent resident status.

© Jewell Stewart & Pratt PC 2022

Biden Administration's Public Charge Rule Takes Effect Dec. 23, 2022

As background, in a new rule issued September 29, 2022, the Biden Administration clarified and aligned the existing Public Charge rule with long-standing USCIS practice, which requires most “green card” applicants to show that they will not need to primarily rely on public assistance if they become a U.S. permanent resident.

The new rule requires additional disclosures from most applicants filing I-485 applications for Adjustment of Status. The additional information required on the revised Form I-485 includes the following for each applicant:

• Household size

• Household income

• Household assets

• Household liabilities

• Highest level of education

• Certifications, licenses, and educational certificates earned

• Whether the applicant has received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context)

• Whether the applicant has ever received long-term institutionalization at government expense

Note that unlike a previous version of the public charge rule, documentation of the above is not required in initial filings.  USCIS will issue a “Request for Evidence” if it requires further information to process your case.  As mentioned the Form I-485 has been updated to require this new information and the new form must be used for filings postmarked on or after the effective date of December 23, 2022.

 © Jewell Stewart & Pratt PC 2022

U.S. Travel Bans Now Lifted; Vaccine Requirements in Effect

Starting today, November 8, 2021, the COVID-related travel bans are now lifted and the new vaccine and testing requirements are in effect for air travel to the U.S. For all the details on these new requirements for U.S. citizens, Lawful Permanent Residents, and nonimmigrant visa holders, please refer to our previous post.

The U.S./Canada and Mexico land borders (including ferries) are now also open to non-essential travel. There is a vaccine requirement in effect, but no testing requirement for land border travel. There are exceptions for U.S. citizens, Lawful Permanent Residents, children under 18, and those traveling for “essential” reasons. Starting on January 21, 2022, vaccines will be required for foreign nationals regardless of the reason for land border travel. DHS provided a Fact Sheet and FAQs for further information.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - September 2021

Last updated: 09/22/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

On September 20, 2021, the White House announced that it would lift the COVID travel bans sometime in November for fully-vaccinated travelers. We do not yet know what date it will be lifted, nor do we know how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be lifted sometime in November. See our FAQ post for regular updates.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021. Further, the State Department announced on September 14, 2021 that interviews may be waived for academic visa renewals (F, M, J).

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least October 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

• DHS I-9 Flexibilities: Certain I-9 flexibilities initially announced in March 2020 have been extended to December 31, 2021.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - August 2021

Last updated: 08/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least September 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - July 2021

Last updated: 07/06/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• USCIS Updates:

  • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

  • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

  • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - June 2021

Last updated: 06/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe, China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• USCIS Updates:

  • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

  • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

  • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - May 2021

Last updated: 05/26/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• COVID Travel Ban for India: On April 30, 2021, President Biden issued a Proclamation banning the entry of nonimmigrants who have been present in India for 14 days preceding entry. The Proclamation took effect at 12:01AM eastern time on May 4, 2021. The usual exceptions / exemptions apply, including lawful permanent residents, spouse/parent of minor U.S. citizens, and National Interest Exceptions for support of critical infrastructure. Most U.S. Embassy/Consulate locations in India are currently closed or are operating with only limited services due to the current COVID surge.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India: The geographic COVID bans for Europe, China, Iran, Brazil, South Africa, and now India are to be reviewed at the end of each month. On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021. Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least June 21, 2021.

• USCIS Updates:

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - April 2021

Last updated: 04/30/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

The H/L visa issuance ban expired on March 31, 2021. However, it is not yet known for how long the Biden Administration intends to keep COVID-19 geographic travel restrictions, or, how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Ban for India: On April 30, 2021, President Biden issued a Proclamation banning the entry of nonimmigrants who have been present in India for 14 days preceding entry. Most U.S. Embassy/Consulate locations in India are currently closed due to COVID. The Proclamation takes effect at 12:01AM eastern time on May 4, 2021.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• Nonimmigrant (H/L/J) and Immigrant Visa Ban; Ongoing Consular Closures: On February 24, 2021, President Biden rescinded the Immigrant Visa Ban. On March 31, 2021, the nonimmigrant (H/L/J) visa ban expired. It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability.

• COVID Travel Bans for Europe, China, Iran, Brazil, and South Africa: On January 25, 2021, President Biden issued an Proclamation keeping the geographic COVID bans in place, and adding South Africa to the list of banned areas (because of the COVID variant there). These bans are to be reviewed at the end of each month. On March 2, 2021 and April 27, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021. Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least May 21, 2021.

• USCIS “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - March 2021

Last updated: 03/12/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep COVID-19 geographic travel restrictions or the nonimmigrant (H/L/J) visa issuance bans (currently expiring March 31, 2021) in place, or, if the bans are lifted, how the Embassies will process visas given COVID-19 safety restrictions.

Following is a list of recent updates:

• Public Charge or “Wealth Test”: On March 9, 2021, DHS issued a statement saying that “continuing to defend the final rule, Inadmissibility on Public Charge Grounds, 84 Fed. Reg. 41,292 (Aug. 14, 2019) (2019 Rule), is neither in the public interest nor an efficient use of limited government resources. Consistent with that decision, the Department of Justice will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 Rule.” On March 10, USCIS updated its website to note that the Form I-944, Declaration of Self-Sufficiency, is no longer required for Adjustment of Status filings, and that any information included or required on forms related to the 2019 rule will be disregarded. USCIS is reverting to its 1999 guidance when making inadmissibility determinations regarding public charge.

• Temporary Protected Status (“TPS”) for Venezuela and Burma: DHS designated Venezuela and Burma for TPS, which means that eligible Venezuelans and Burmese may apply for TPS and an employment authorization document (“EAD” or “work permit”) until September 2022.

• F-1 OPT EADs: USCIS announced certain flexibilities for F-1 students experiencing receipt delays or rejections on their OPT EAD applications, allowing for a full 12-month OPT EAD period and allowing re-filing of certain cases that were previously rejected, or re-issuance/correction of certain EADs that were shorted. USCIS also announced that it will not reject applications with missing or deficient signatures and will instead issue a “Request for Evidence” so that applicants may correct the errors.

• E-3 Visas: USCIS’s Premium Processing Service is now available for E-3 (Australian) change of employer and extension of status petitions.

• Civics Test: USCIS has reverted to using the 2008 version of the Civics Test for citizenship (naturalization) applications.

• H-1B Cap: The H-1B Cap for FY 2022 will be a random lottery; the registration period will run from March 9-25, 2021.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• Immigrant Visa Ban: On February 24, 2021, President Biden rescinded the Immigrant Visa Ban. The Nonimmigrant (H/L/J) visa ban remains in place until March 31, 2021 (or until rescinded or extended).

• COVID Travel Bans for Europe, China, Iran, Brazil, and South Africa: On January 25, 2021, President Biden issued an Proclamation keeping the geographic COVID bans in place, and adding South Africa to the list of banned areas (because of the COVID variant there). These bans are to be reviewed at the end of each month. On March 2, 2021, the Department of State announced a change to the “National Interest Exception” standard, which allows for a waiver of the COVID ban for persons in Europe if the applicant is “seeking to provide vital support for critical infrastructure.” F-1/M-1 students also remain excepted, and NIEs remain available for humanitarian travel, public health response, and national security.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

Biden Administration's U.S. Immigration & Travel Updates - January/February 2021

Updated 02/02/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known whether the Biden Administration intends to keep COVID-19 geographic travel restrictions or the visa issuance bans in place long-term, or, if the bans are lifted, how the Embassies will process visas given COVID-19 safety restrictions. More executive actions are expected in the coming days.

Executive Actions:

On February 2, 2021, President Biden signed three Executive Orders establishing a taskforce for reuniting families separated at the border, reviewing asylum and related polices at the border, and ordering agency reviews of Trump immigration policies.

On January 25, 2021, President Biden issued an Executive Order titled “Ensuring the Future is Made in All of America with All of America’s Workers,” which, among other provisions, revokes the previous administration’s “Buy American and Hire American” policy which caused nonimmigrant visa petitions and applications to be heavily scrutinized, resulting in denials and “Requests for Evidence” (RFEs) as well as additional impediments added to existing applications, such as the “public charge” rule changes.

On January 20, 2021, the Biden Administration issued several Executive Actions related to immigration, including but not limited to:

• Protecting DREAMers and creating a pathway to citizenship (memorandum is here);

• Reversing the Muslim ban and ordering U.S. Embassies and Consulates to issue visas to applicants who were otherwise eligible for issuance but for the Muslim ban (text of order available here);

• Revocation of certain interior enforcement policies, including USCIS’s NTA issuance policy and ordering a 100-day pause on certain removals/deportations (Executive Order is here; DHS memorandum is here); and

• Stopping border wall construction (text of Presidential Proclamation is here).

Additional Executive Actions related to immigration are expected in the coming days.

Regulatory Freeze: On January 20, 2021, the White House Chief of Staff issued a regulatory freeze memo pausing any “midnight” regulations from taking effect until the incoming Administration is able to review them. In addition, many regulations proposed by the prior administration were never finalized and will not go forward, including H-4 EAD rescissions, biometrics requirements for U.S. citizen sponsors, elimination of duration of status for students, exchange visitors, and media, and additional affidavit of support requirements.

CDC to Require Negative COVID Test for ALL U.S. Air Arrivals Starting 1/26/2021: In a CDC order issued January 12, 2021 and taking effect January 26, 2021, airlines will be required to deny boarding to the U.S. to anyone who refuses a test or cannot produce negative test results (or a certificate of recovery from COVID-19) within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents, even if testing is not readily available in the location where the traveler is departing from. U.S. Embassies will not be available to provide/arrange testing. On January 21, 2021, the Biden Administration ordered a 14-day review of travel policies as they relate to COVID.

COVID Travel Ban for Europe, China, Iran, Brazil, and South Africa: On January 25, 2021, President Biden issued an Proclamation keeping the geographic COVID bans in place, and adding South Africa to the list of banned areas (because of the new COVID variant there), at least through the 14-day review period mentioned above.

U.S. Citizenship Act of 2021: On January 20, 2021, the Biden Administration posted a Fact Sheet for a bill that President Biden sent to Congress. The bill calls for, among other things:

• A pathway to citizenship for undocumented individuals physically present in the U.S. on or before January 1, 2021 (including certain previously removed/deported persons) including a temporary status with ability to apply for a green card (permanent residency) in five years, and three years thereafter, to file an application for citizenship;

• Reforming the family-based immigration system, including clearing backlogs, using unused visa numbers, increasing per-country caps, eliminating the three- and ten-year bars, among other provisions; and

• Reforming the employment-based immigration system, including clearing backlogs, reducing processing times, eliminating per-country caps, make it easier for STEM graduates to remain in the U.S., provide work authorization for H-4 spouses, etc.

At this time, this is merely a bill and must be passed into law by Congress to have any effect.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Restrictions - January 2021 Updates

Updated 01/19/2021 - see our latest post for updates as of 1/20/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

CDC to Require Negative COVID Test for ALL U.S. Air Arrivals Starting 1/26: In a CDC order issued January 12, 2021 and taking effect January 26, 2021, airlines will be required to deny boarding to anyone who refuses a test or cannot produce negative test results within 3 days of the planned flight. Geographic COVID travel bans also remain in place.

COVID Travel Ban for Europe, China, Iran, Brazil: Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the European COVID ban. Note that due to Embassy closures and differences in how Embassies are interpreting the bans, the COVID ban is creating a de facto visa ban in many cases. On December 25, 2020, the CDC issued a requirement for a negative COVID test for all arrivals from the United Kingdom.

On January 18, 2021, the Trump administration issued a Proclamation ending the Schengen/U.K./Ireland/Brazil COVID-based entry restrictions on January 26, presumably to coincide with the CDC testing requirement going into effect that day. It is not yet known whether the Biden Administration intends to keep geographic travel restrictions in place.

Visa Ban: On December 31, 2020, the Trump administration extended the visa issuance bans to March 31, 2021. The Biden transition team has not yet specified which bans will be lifted and when. As detailed in our earlier blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new/first-time H, L, and certain J visas, as well as certain immigrant visas applications, with some exceptions. Relatedly, the Trump administration’s health insurance ban may be back in play - we are updating our 2019 post on this here.

Closure of Land Ports of Entry (Canada & Mexico): U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least February 21, 2021.

Phased Embassy Re-Opening: Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services which has been updated a few times; however, there continues to be no worldwide standard policy/procedure for visa appointment scheduling at this time.

USCIS and DOL Updates:

• Premium Processing Service: USCIS raised the PPS filing fee to $2,500 for cases received on or after October 19, 2020. For an update on potential future changes to PPS, see our post here.

• Public Charge: As of November 5, 2020, USCIS is once again permitted to enforce its public charge rule, e.g. the “wealth test.”

• Fee Changes: USCIS filing fee and form changes were enjoined by a District Court as of September 29, 2020.

• H-1B Rule: The administration is pushing forward with new rules on H-1Bs. The changes to prevailing wages went into effect on October 8, 2020 and was put on hold by a District Court on December 1, 2020. The restriction of the definition of “specialty occupation” is also now on hold by a District Court. On October 28, 2020, the administration released a proposed rule changing the H-1B registration from a random lottery selection to a wage-based selection process.

• Interviews/Appointments: On June 4, 2020, USCIS Field Offices started a phased re-opening process. Most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants. USCIS is checking CBP records and automatically rescheduling interviews if the applicant has traveled outside the U.S. in the last 14 days. USCIS Application Support Centers are still working to reschedule cancelled biometrics appointments; as of December 2020 the total biometrics backlog is approximately 1.3 million applications.

• Deadline Flexibility: In response to the COVID-19, USCIS will consider a response to an RFE, NOID, NOIR, and other requests and notices received up to 60 calendar days after the due date before taking any action. This flexibility applies if the issuance date listed on the request, notice, or decision is between March 1, 2020, and January 31, 2021, inclusive. See full announcement here.

• Service center operations remain mostly unchanged.

• Deferred Action for Childhood Arrivals (DACA): On Friday, December 4, 2020, a federal judge ordered the administration to fully re-implement the DACA program. The DACA program was upheld by the U.S. Supreme Court in June 2020.

U.S. Passport Agency: On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. https://travel.state.gov/content/travel/en/passports.html

Form I-9 Completion During COVID-19: See our August post for further information. The I-9 flexibility provisions have been extended to January 31, 2021.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Restrictions - December 2020 Updates

Updated 12/07/2020

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

Deferred Action for Childhood Arrivals (DACA): On Friday, December 4, a federal judge ordered the administration to fully re-implement the DACA program. The DACA program was upheld by the U.S. Supreme Court in June 2020.

Visa Bulletin: The Department of State’s December Visa Bulletin is now available, and USCIS is accepting Dates for Filing for employment-based cases.

Visa Ban: As detailed in our earlier blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new/first-time H, L, and certain J visas, as well as certain immigrant visas applications, with some exceptions. As of October 1, 2020, court decisions affected the ban as it relates to Diversity Visa (aka “green card lottery”) applicants and the plaintiffs of a NIV ban case. At this time, Department of State guidance requires that visa applicants have a relationship to one of the plaintiff organizations, such as the Chamber of Commerce. However, there does not appear to be a worldwide or standardized practice at visa-issuing posts; scheduling and issuances remain Embassy-by-Embassy. The ban is set to expire on 12/31 but may be extended.

COVID Travel Ban for Europe, China, Iran, Brazil: Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the European COVID ban. Note that due to Embassy closures and differences in how Embassies are interpreting the bans, the COVID ban is creating a de facto visa ban in many cases. CBP/CDC airport health screenings and requirements to land at a CBP-designated airport ended on September 14, 2020, however the COVID-related travel bans for Schengen, U.K., Ireland, China and Brazil remain in place.

Closure of Land Ports of Entry (Canada & Mexico): U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least December 21, 2020.

Phased Embassy Re-Opening: Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are showing appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies, for non-banned categories, emergencies, and assistance with COVID ban waivers.

NPRM on Students and Media visas: On September 25, 2020, DHS issued a Notice of Proposed Rulemaking establishing a fixed time period for admission for students, exchange visitors, and representatives of foreign media. The rule would replace the “duration of status” admission period. The rule must now go through the usual “Notice and Comment” period; it is not final.

USCIS and DOL Updates:

• Premium Processing Service: USCIS raised the PPS filing fee to $2,500 for cases received on or after October 19, 2020. For an update on potential future changes to PPS, see our post here.

• Public Charge: As of November 5, 2020, USCIS is once again permitted to enforce its public charge rule, e.g. the “wealth test.”

• Fee Changes: USCIS filing fee and form changes were enjoined by a District Court as of September 29, 2020.

• H-1B Rule: The administration is pushing forward with new rules on H-1Bs. The changes to prevailing wages went into effect on October 8 and was put on hold by a District Court on December 1. The restriction of the definition of “specialty occupation” is also now on hold by a District Court. On October 28, the administration released a proposed rule changing the H-1B registration from a random lottery selection to a wage-based selection process.

• H-1B Cap: On August 14, 2020, USCIS ran an (unannounced) second lottery on existing H-1B cap registrations. The filing period for the newly selected registration cases is from August 17 to November 16, 2020.

• Interviews/Appointments: On June 4, 2020, USCIS Field Offices started a phased re-opening process. Most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

• Deadline Flexibility: In response to the COVID-19, USCIS will consider a response to an RFE, NOID, NOIR, and other requests and notices received up to 60 calendar days after the due date before taking any action. This flexibility applies if the issuance date listed on the request, notice, or decision is between March 1, 2020, and January 1, 2021, inclusive. See full announcement here.

• Service center operations remain mostly unchanged.

U.S. Passport Agency: On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. https://travel.state.gov/content/travel/en/passports.html

Form I-9 Completion During COVID-19: See our August post for further information. The I-9 flexibility provisions have been extended to December 31, 2020.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

U.S. Immigration & Travel Restrictions - November 2020 updates

Updated 11/24/2020

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

Visa Bulletin: The Department of State’s November 2020 Visa Bulletin has been released. See our separate post here. The December Visa Bulletin is also now available, and USCIS is accepting Dates for Filing for employment-based cases.

Visa Ban: As detailed in our blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new/first-time H, L, and certain J visas, as well as certain immigrant visas applications, with some exceptions. As of October 1, 2020, court decisions affected the ban as it relates to Diversity Visa (aka “green card lottery”) applicants and the plaintiffs of a NIV ban case. Since then, the Dept. of State made updates to its website about how it will apply the lifting of the ban. The most recent update is that visa applicants must have a relationship to one of the plaintiff organizations, such as the Chamber of Commerce. However, there does not appear to be a worldwide or standardized practice at visa-issuing posts; scheduling and issuances remain Embassy-by-Embassy. We are monitoring this development closely.

COVID Travel Ban for Europe, China, Iran, Brazil: Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the European COVID ban. Note that due to Embassy closures and differences in how Embassies are interpreting the bans, the COVID ban is creating a de facto visa ban in many cases. CBP/CDC airport health screenings and requirements to land at a CBP-designated airport ended on September 14, 2020, however the COVID-related travel bans for Schengen, U.K., Ireland, China and Brazil remain in place.

Closure of Land Ports of Entry (Canada & Mexico): U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least December 21, 2020.

Phased Embassy Re-Opening: Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are showing appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies, for non-banned categories, emergencies, and assistance with COVID ban waivers.

NPRM on Students and Media visas: On September 25, 2020, DHS issued a Notice of Proposed Rulemaking establishing a fixed time period for admission for students, exchange visitors, and representatives of foreign media. The rule would replace the “duration of status” admission period. The rule must now go through the usual “Notice and Comment” period; it is not final.

USCIS Updates:

• Premium Processing Service: USCIS raised the PPS filing fee to $2,500 for cases received on or after October 19, 2020. For an update on potential future changes to PPS, see our post here.

• Public Charge: As of November 5, 2020, USCIS is once again permitted to enforce its public charge rule, e.g. the “wealth test.”

• Fee Changes: USCIS filing fee and form changes were enjoined by a District Court as of September 29, 2020.

• H-1B Rule: The administration is pushing forward with a new rule on H-1Bs. The changes to prevailing wages went into effect on October 8, and the restriction of the definition of “specialty occupation” goes into effect in 60 days. On October 28, the administration released a proposed rule changing the H-1B registration from a random lottery selection to a wage-based selection process.

• H-1B Cap: On August 14, 2020, USCIS ran an (unannounced) second lottery on existing H-1B cap registrations. The filing period for the newly selected registration cases is from August 17 to November 16, 2020.

• Interviews/Appointments: On June 4, 2020, USCIS Field Offices started a phased re-opening process. Most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

• Service center operations remain mostly unchanged.

U.S. Passport Agency: On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. https://travel.state.gov/content/travel/en/passports.html

Form I-9 Completion During COVID-19: See our August post for further information. The I-9 flexibility provisions have been extended to December 31, 2020.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

November 2020 Visa Bulletin Update

On October 29, 2020, the last day to file October adjustment of status filings, the Department of State issued the November Visa Bulletin, and USCIS announced that it is accepting the Dates for Filing Chart for November filings. The cutoff dates remain the SAME as the October Visa Bulletin, essentially extending today’s deadline to the end of November. Thank you for your patience as our team diligently works to assure that cases are filed ASAP.

© Jewell Stewart & Pratt PC 2020

U.S. Immigration & Travel Restrictions - October 2020 Updates

Updated 10/23/2020

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

Visa Bulletin: The Department of State’s October 2020 Visa Bulletin has been released. See our separate post here.

Visa Ban: As detailed in our blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new/first-time H, L, and certain J visas, as well as certain immigrant visas applications, with some exceptions. As of October 1, 2020, court decisions had only affected the ban as it relates to Diversity Visa (aka “green card lottery”) applicants and the plaintiffs of a NIV ban case. Since then, the Dept. of State made updates to its website about how it will apply the lifting of the ban. The most recent update is that visa applicants must have a relationship to one of the plaintiff organizations. We are monitoring this development closely.

COVID Travel Ban for Europe, China, Iran, Brazil: Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the European COVID ban. Note that due to Embassy closures and differences in how Embassies are interpreting the bans, the COVID ban is creating a de facto visa ban in many cases. CBP/CDC airport health screenings and requirements to land at a CBP-designated airport ended on September 14, 2020, however the COVID-related travel bans for Schengen, U.K., Ireland, China and Brazil remain in place.

Closure of Land Ports of Entry (Canada & Mexico): U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least November 21, 2020.

Phased Embassy Re-Opening: Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are showing appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies, for non-banned categories, emergencies, and assistance with COVID ban waivers.

NPRM on Students and Media visas: On September 25, 2020, DHS issued a Notice of Proposed Rulemaking establishing a fixed time period for admission for students, exchange visitors, and representatives of foreign media. The rule would replace the “duration of status” admission period. The rule must now go through the usual “Notice and Comment” period; it is not final.

USCIS Updates:

• Premium Processing Service: USCIS raised the PPS filing fee to $2,500 for cases received on or after October 19, 2020. For an update on future changes to PPS, see our post here.

• Public Charge: As of September 22, 2020, USCIS is once again implementing its public charge rule, e.g. the “wealth test.”

• Fee Changes: USCIS filing fee and form changes are enjoined by a District Court as of September 29, 2020.

• H-1B Rule: The administration is pushing forward with a new rule on H-1Bs. The changes to prevailing wages are going into effect on October 8, and the restriction of the definition of “specialty occupation” goes into effect in 60 days. We will post a more detailed summary ASAP.

• H-1B Cap: On August 14, 2020, USCIS ran an (unannounced) second lottery on existing H-1B cap registrations. The filing period for the newly selected registration cases is from August 17 to November 16, 2020.

• Interviews/Appointments: On June 4, 2020, USCIS Field Offices started a phased re-opening process. Most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

• Service center operations remain mostly unchanged.

U.S. Passport Agency: On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. https://travel.state.gov/content/travel/en/passports.html

Form I-9 Completion During COVID-19: See our August post for further information.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

Future changes to USCIS's Premium Processing Service

On September 30, 2020, Congress passed a continuing resolution to fund the government through December 11, 2020, and the president is expected to sign it into law. The continuing resolution contains certain changes to USCIS’s Premium Processing Service or “PPS,” including raising the filing fee, and making PPS available to new categories such as EB-1Cs, NIWs, I-539s, and EADs. Although the law goes into effect immediately, the changes to PPS do not. USCIS must now implement the law by proposing regulations, which can take several months. We are tracking this closely and when there are regulations promulgated, we will be reaching out to clients who may benefit from using PPS in new and existing/already pending cases. Note that this change is unrelated to USCIS’s Fee Rule which is on hold as of September 29, 2020, due a District Court injunction.

© Jewell Stewart & Pratt PC 2020